The Perfection Of Convergence Mechanism Of Administrative Law Enforcement And Criminal Justice

The cohesive mechanism between the administrative law enforcement andcriminal judicature is a legal system of separating the suspected criminal cases fromthe general cases and handing over to the criminal judicial authority during theprocess of the administrative law enforcement. While in the process, theadministrative enforcement institution and criminal judicial authority cooperate witheach other and checking and constraining each other as well. The inappropriatecohesion between the administrative law enforcement and criminal judicature will notonly cause the abuse of administrative power, which leads to corruption easily, butalso violate our country’s judicatory authority, effect fighting crime. Thusly, it isessential and urgent to implement the two joining together. According to our currentlegislation and practice situation, there still are lots of problems. At the side oflegislation, the legislation effect and influence of legislation is inefficient. Themaneuverability of relevant rules is not strong enough. At the side of the process oftransferring and examine, the standard of transferring cases are too strictly. Thedeadline and material of transferring are not clear enough. The rules of transferringand examine process are vague. At the side of supervision mechanism, currently, thesupervision role is not fully played. Not only the scope of supervision is limited, thesupervision strength is not enough, but also accurate and detailed rules are lacked,which leads to the non ideal actual supervision effect. For example, the evidencecohesion and transformation is the key problem to ensure smoothly transition betweenthe two. According to the revised “Criminal Law”, part of evidence acquired by thelaw enforcement institution can be transferred into the criminal evidence. However, itis still a problem needs to solved that how to transform those evidence specifically.Besides, there are some defects about the cohesive mechanism supporting measures,such as the effect of information sharing system is not ideal, the joint conferencesystem also needs to be improved.Therefore, to perfect our cohesive mechanism is not only urgent in reality, butalso has certain complexity. The author thinks that on the side of legislation, thecohesion shall be regulated. At the side of the procedure of case transferred, the mainbody of the cohesive mechanism should be made clear, including both transfer andreceive body. Also reduce the standard to "find clues to the crime" to benefit the transfer the case from the administrative law enforcement to criminal judicial. Besides,the transferring time limit and transferred materials should be further cleared. At theside of cases’ examining and processing procedure, the deadline of supervision shouldbe accurate, including general deadline and the special period deadline. Furtherlyclear the way of handling cases. At the side of the supervision of the cohesivemechanism, the procuratorial organs shall have the clear supervision power toadministrative activities and further improve supervision. At the side of thetransformation and linking up of evidence, the evidence obtained by administrativeorgans shall be transferred on situation according to "Criminal Law". In addition, thesupporting measures of the cohesive mechanism need to further improve, includingthree aspects: perfecting information sharing system, establishing the informationopenness system and perfecting the system of joint conference.